Modern Optics, Inc. v. Buck

TIREY, Justice.

This action is a shareholders derivative suit prosecuted by one of the eighty stockholders of Modern 'Optics, Inc., against Modern Optics, Inc., its President, Chairman of the Board and Executive Vice-President. The suit was filed by three minority stockholders. One of the plaintiffs sold his stock in the corporation after the suit was filed, and he was dismissed; another plaintiff voluntarily withdrew before the trial because he did not wish to prosecute the suit. The trial was had without the aid of a jury and in the judgment we find substantially this recital: that…